Legal Analysis of Defamation through Social Media from a Criminal Law Perspective

Abstract

The development of social media makes it easier for people to convey information and opinions, but it also increases the potential for defamation through digital spaces. This study aims to analyze the definition of cybercrime, determine the scale of defamation through social media, and analyze criminal liability for such acts based on applicable law in Indonesia. The study uses a normative juridical method with an approach to legislation and a review of cases related to defamation. The analysis is based on the 1945 Constitution of the Republic of Indonesia, the Criminal Code, Law Number 11 of 2008 concerning Information and Electronic Transactions along with amendments and related legal provisions. The results of the study indicate that defamation through social media can fulfill the elements of a criminal act if there is an act of attacking a person’s honor or good name through the unlawful dissemination of electronic information. Law enforcement must still pay attention to legal certainty and freedom of expression.